Dr. Subir Kumar Chaudhuri ,Member

Order No.   27    Dated  26-02-2013.

            The case of the complainant in short is that complainant got some personal loans being account nos.3702605 (since closed) passed on 25.5.04 for Rs.23,175/- being cashed in the S.B. A/C No.9255 at P.N.B. Ketopole Branch but said the loan is Rs.25,000/- for EMI is Rs.1403/-, another Personal Loan A/C No.5261046 (since closed) passed on 21.3.05 for Rs.14,127/- being cashed in the S.B. A/C No.9255 at P.N.B. Ketopole Branch but said the loan is said as Rs.37,500/- for EMI Rs.1882/-, another Personal Loan A/C No.8274391 (since closed) passed on 2.5.06 for Rs.22,895/- being cashed in the S.B. A/C No.9255 at P.N.B. Ketopole Branch but said the loan is as Rs.56,000/- for EMI Rs.2699/- and another Personal Loan A/C No.11011963 passed on 19.2.07 for Rs.38,956/-being cashed in the S.B. A/C No.253010100001670 at UTI Bank Ltd. Rashbehari Branch but said the loan is said as Rs.89,000/- for EMI Rs.3190/-. In the cases of the first three loans, the o.ps. have charged the refundable loan amount with much hidden costs and illegal charges to the complainant and the complainant also has been forced to repay those huge amounts on  the verbal commitments of the o.ps. such as the extra amounts collected, will be adjusted with the last existing loan but nothing of this commitment have been done till date, moreover more extra charges also has been charged for this last loan, where as the complainant has refunded 18 installments of Rs.3190/- each i.e. in total Rs.57,420/- out of the said given loan amount of Rs.38,956/-.

            Complainant states that on 21.11.08 the Avneesh & Co. (Advocates) of 5/25-A, Lower Ground Floor Jangpura-B, New Delhi-110014 has sent a demand notice on behalf of o.ps. saying that the give loan was Rs.89,000/- and till then Rs.71,156/- without any explanation is to returned.

            O.ps. have illegally neglected to reply the quarries (according to the C.P. Act, 1986) asked through the letters by the complainant but o.ps. are trying to collect the huge amount of Rs.71,156/- with threatening without any explanation suppressing the returned amount of Rs.57,420/- as 18 installments.

            Complainant states that getting notice for that Arbitration with violation of its Section 11 of the Arbitration and Conciliation Act, 1996, the complainant has replied raising objection to the illegal proposal of making arrangement for Arbitration and has sent another advocate’s letter with the requests to return the blank cheques and reply to the letters according to the Consumer Protection Act, 1986.

            Complainant states that on 25.5.09 Rahul Bhardwaj & Co. Advocates, Legal Consultants & Solicitors at G-18/41, Sector 15, Rohini, New Delh110089 has sent a demand notice u/s 62 of the Arbitration and Conciliation Act, 1996, on behalf of o.ps. saying that the give loan was Rs.89,000/- and till then Rs.71,156/- without any explanation is to returned.

            Complainant states that getting such another notice for Arbitration with violation of the Section 11 of the Arbitration and Conciliation Act, 1996, the complainant has again replied raising the objection again to this illegal proposal of making arrangement for Arbitration and has sent another advocate’s letter with the requests to return the blank cheques and reply to the letters according to the C.P. Act, 1986.

            Complainant states that since issuing the 1^st loan o.p. has given Rs.99,103/- and have taken back Rs.1,23,085/- in total. It is seen that Rs.23,982/- has taken extra till date, because of which the complainant is not ready to make any further payments in respect of the aforesaid loan except getting the proper explanation.

            Complainant states that the complainant is entitled to get the copies of the loan agreement and statement of accounts in details and the explanation as regard interest / charges imposed upon him. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            Both o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular and w find that complainant took personal loan being account no.3702605 (since closed) passed on 25.5.04 for Rs.23,175/- being encashed in S.B. A/C no.9255 at P.N.B. Ketopole Branch and the said loan  was shown as Rs.25,000/- and EMI was Rs.1403/-, but complainant sent demend notice through ld. lawyer and o.ps. did not reply the same and trying to collect huge amount of Rs.71,156/- suppressing refund of Rs.57,420/- being 18 installments and this act on  the part of o.ps. amounts to deficiency of service being service provider to its consumer / complainant and complainant is entitled to relief.  

            That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to supply copies of documents such as agreement, terms and conditions for the purpose of calculation and all the statement of accounts in details in respect of the loan account standing in the name of complainant and are further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.